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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46790
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Today I received a (Breach of post termination employment

Customer Question

Today I received a (Breach of post termination employment restriction) from my old employees which I left at the end of May. It states that "it has come to their attention I have retained customer data in order to prospect new customer in my new job". Which is untrue as I have been unemployed since leaving their company and never took anything with me. Please advise.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 10 months ago.
Hi Ben, How or what do I respond to this letter.
Expert:  Ben Jones replied 10 months ago.

Hi there. How long did you work there for?

Customer: replied 10 months ago.
23 years
Expert:  Ben Jones replied 10 months ago.

OK, thank you for your response; please leave it with me. I am travelling until late so I won't be able to reply until the morning. However, I will prepare my advice during this time and will get back to you at the earliest opportunity. There is no need to check on here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
Thank you
Expert:  Ben Jones replied 10 months ago.

No problem at all.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. At this stage all the employer has done is made an allegation against you, which in truth is incorrect. If they wanted to take the matter further then the only way for them to do so would be to make a court claim against you foe breach of such a restriction. By making a claim they would only have two potential options – one is to seek an injunction preventing you from doing something, such as using that data, the other is to seek compensation. The injunction is not an issue because if you did not have the data on your possession then it is unlikely you will be able to use it anyway so it would be a pointless exercise and even if they did get it, it would not change your position much. If they wanted to pursue you for compensation then they would need to show that they have suffered actual losses as a result of your alleged breach. Without any evidence that you have committed the breach in the first place and that you have then caused them to suffer losses, it would be rather difficult for them to pursue you for compensation. They cannot just penalise you financially unless they have suffered damages or losses.

At this stage there is no need to panic too much, ask them for evidence or proof that you have done what you are alleged to have done and maintain your position that you have not done anything wrong.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46790
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks Ben
Customer: replied 10 months ago.
Please could you tell me if there is a template example letter that I use. Much appreciated.
Expert:  Ben Jones replied 10 months ago.

There isn’t a template letter as such unfortunately. There is not much for you to say really, just use what I told you earlier as a basis for your response. If you need me to, I can get a draft for you but it would be a premium service so will be charged extra - I can provide a quote if you are interested

Customer: replied 10 months ago.
Ok Ben thanks.
Expert:  Ben Jones replied 10 months ago.

Thank you, ***** *****

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